Erika Szyszczak is a Professor of Law at the University of Sussex, Barrister and ADR Mediator at Littleton Chambers, Temple and a Fellow of theUKTPO.

It is a monumental decision for a Member State to leave the European Union, not least when it will have a major impact on the economic, political and social future, not only of the exiting Member State, but also of the global trading regime. It is thus befitting that on 24 January 2017 the Supreme Court came of age by delivering one of its most important rulings, on the nature and future shape of the UK constitution. What started as a case concerning acquired rights became a wider ranging analysis of the role of the executive vis-a-vis Parliament. As befits a monumental constitutional decision, taking place in the digital age, the responses to the ruling have been prolific and focused upon the constitutionaldimension to the litigation. (more…)

The speech essentially confirms what we knew already, that sticking to the government’s red lines on the European Court of Justice and free movement would make joining the European Economic Area impossible and so we must leave the single market. (more…)

Though a significant challenge, Brexit presents an opportunity for the UK to devise its own import quota system. The current EU Tariff-rate Quote (TRQ) system is out of date and does not reflect the modern trade. For example, there are many frozen meat quotas that, as technology has developed, would be better suited as chilled meat quotas. Additionally, due to the exceedingly high EU MFN tariffs, it is generally not economically viable to import into the EU unless under a Tariff Rate Quota. (more…)

Erika Szyszczak is a Professor of Law at the University of Sussex, Barrister and ADR Mediator at Littleton Chambers, Temple and a Fellow of the UKTPO.

EU trade policy has been cast into shadow by the sharp focus on how the UK will conduct its future trade policy. But it will be in the interests of the EU and the UK to negotiate their future trading relationship as quickly and smoothly as possible. An issue for the EU will be the question of whether it will have exclusive competence to negotiate and ratify a trade deal with the UK. Or will it be forced to acknowledge that any future agreement will be a mixed agreement requiring, and risking, ratification by all 27 Member States?

Two events at the end of 2016 have shed light on the legal and political issues facing the EU in negotiating a post-Brexit world. (more…)